Lank v. Steiner

(dissenting) : I would reverse on the grounds that the undisputed facts and testimony establish that a fiduciary relation existed between Edmund F. Steiner and Elsie L. Steiner, his wife, on the one hand, and the latter’s father and mother, John C. and Alena Lank, on the other, regarding the affairs of H. R. Phillips, Inc.; that by reason of such relation there is a presumption of invalidity of the stock options here in controversy; and that the Steiners have failed to overcome that presumption.

The following facts were established by uncontroverted testimony and stand undisputed:

John C. Lank…